HKSAR v. Wong Wing Yan

DCCC1267/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1267 OF 2008

----------------------

----------------------

Before:   Deputy District Judge Mierczak

Date:     3 March 2009 at 9.40 am

Offence:  Possession of a dangerous drug (管有危險藥物)

Reasons for Sentence

1.The defendant, an 18 year old female, appeared before me on 10 February 2009 charged with one count of possession of a dangerous drug being 1.51 grammes of Ketamine.  She has pleaded guilty.

2.Briefly, the facts are that a male had been arrested by police and taken to the subject premises on 20 October 2008.  This defendant was found in a room in that house. She was searched and the subject dangerous drugs was found in her underwear.  She was arrested and cautioned and admitted the dangerous drug belonged to her.  She said it was for her own consumption.

3.The defendant has a clear record.

4.Very extensive mitigation had followed where I was told inter alia that she had been in custody for a bit more than two months on this matter.  I was told in remand that urine tests had been carried out which showed a negative result. A letter had been produced to that effect.  I was told there was no link between this defendant and the other male that had been arrested and taken to the premises.  She was in the “wrong place at the wrong time”, I am told.  The defendant was now on bail.

5.I was of the view that in all the circumstances the matter should be adjourned to today for the provision of a Probation report.  Such Probation report is forthcoming and has been read over and explained to the defendant and she agrees such contents with minor amendments.  The Probation order which I read too is a very good one, to say the least. So good that it does not recommend that she be put on probation because of her clear record, positive change coupled with social support. 

6.This is a serious matter. The defendant is young and the dangerous drugs, Ketamine, possessed is not a large amount but significant nonetheless.  I am also very conscious of the fact that she has pleaded guilty to such offence and has spent over two months in custody in respect of it and I must take all of that into account.  Dangerous drugs are a curse in our society and there is only one way that one goes with dangerous drugs and it is all downhill, believe me.

7.Taking everything into account and because of her age, I am of the view that this is a proper case in which I can order a Probation order for a period of 12 months and that will be my order.  You will be convicted and ordered under probation for a period of 12 months with the normal conditions contained therein.

(Warned - Breach of probation order)